2013 CMHA HCVP Admin Plan - Cuyahoga Metropolitan Housing ...

XVII. CHAPTER 17-CLAIMS IN THE MODERATE REHABILITATION PROGRAM
A. INTRODUCTION
This chapter describes the PHA's policies, procedures and standards for servicing contracts in the
Moderate Rehabilitation Program.
B. OWNER CLAIMS
Under Moderate Rehabilitation contracts, owners may make "special claims" for damages,
unpaid rent, and vacancy loss after the tenant has vacated the unit.
Owner claims for payment for unpaid rent, damages, or vacancy loss will be reviewed for
accuracy and completeness and compared with records in the file. The PHA establishes standards
by which to evaluate claims, but the burden of proof rests with the owner.
The file will also be reviewed to verify owner compliance at the time the contract was
terminated.
The PHA will pay properly filed claims to the owner as a function of the contract, but the family
is ultimately responsible to reimburse the PHA for claims paid to the owner. If a claim is filed
by a Mod Rehab landlord, the family will be offered an informal hearing in accordance with
chapters 15 and 19 of this Administrative Plan, prior to the claim being paid, by notice mailed to
the last known address. If the PHA pays the owner’s claim, the participant will be required to
repay the PHA. If the family does not repay the claim they will be referred to a collection
agency.
For units under a Certificate HAP contract effective before October 2, 1995, if the family vacates
the unit without proper notice in writing to the owner, the family will be responsible for any
vacancy loss paid by the PHA.
In a move, assistance stops at the old unit at the end of the month in which the tenant ceased to
occupy, unless proper notice was given to end a lease mid-month. Assistance will start on the
new unit on the effective date of the lease and contract. Assistance payments may only overlap
for the one month in which the family moves into another subsidized unit.
If the contract was terminated for owner breach, or the owner was in violation of the contract at
the time it was terminated, there will be no entitlement to claims.
C. UNPAID RENT
Unpaid rent only applies to the tenant's portion of rent while the tenant is in residence under the
assisted lease. It does not include the tenant's obligation for rent beyond the termination date of
Copyright 2000 by Nan McKay & Associates
To be printed only with permission of Nan McKay & Associates
Unlimited copies may be made for internal use
Approved by CMHA Board of Commissioners
October 3, 2012
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